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Home My WebLink AboutRES 910223 - Amend Fitness for Duty PolicyRESOLUTION NO. 2(M— W 111" im I RAIM-11 W -V 1111 11 N = 1 -1 Nil I D-11IT11"tOLIC TIE11T *'11 JWJGS idlxlllit A TO INCLUDE INHALANTS AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown has previously adopted the drug use policy for their interest in maintainina a safe and efficient workplace, improving improductivity, and to promoting the health and welfare of citizens, visitors, and employees-, WHEREAS, the Texas Workmen's Compensation Act requires that inhalants be included in the drug policy; WHEREAS, the City Council has found that this action implements Health & Human Services Policy I and Education Policy 1 of the Century. Plan - Policy Plan Element, and is not found to be inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: . K4111919 The facts and • contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a 11,art hereof, as if copied verbatim. 6-mmiam The attached Exhibit "A" as amended, relating to "Fitness For Duty Policy Statement on Drugs and Alcohol" is hereby approved by the City Council of the City of Georgetown, Texas. The City Council has adopted this r• and the Mayor is • to sign, and t City Secretary to attest thereto. I RESOLVED this day of 11991. ATTEST: A Elizabeth Gray City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Drag Policy Amendment Resolution No. qfoar5 Page 2 of 2 TBE A OWN - by: VIA. CONNOR Mayor 10114 1110 It is the intention of this policy to eliminate substance abuse and its effects in the workplace. While the City of Georgetown has no intention of intruding into the private lives of its, employees, involvement with drugs and alcohol off the job can take its toll on job performance and employee safety. Our goal is to maintain a safe and efficient workplace, improve productivity, and to promote the health and welfare of citizens, visitors, and employees. 2. Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential referral assistance from the employee's personal physician, which care is provided under the employee's health coverage. FIRMMMR 1R� 1. Pre-employment (a) Pre-employment drug/alcohol screen will be performed on any applicant who is being considered for employment before the offer for the job has been made. (b) If a drug screen is positive for any • the substances listed in subsection (g) of this section at the pre- employment physical, the applicant must provide within 24 hours of request bona fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant's name • the applicant does not provide acceptable verification, or if the drug is one that is likely to impair the applicant's ability to perform the job duties, and whose employment would cause a direct threat to property or safety, the applicant w ill not be hired. i Drug Use Policy Resolution No. Page 3 of 7 (a) The City of Georgetown prohibits employees from using, p• • being under the influence • drugs or alcohol at work locations, or while at • • on call unless the employee is required as a part of his job to legally r• drugs • alcohol. Employees are prohibited from the selling •' providing of drugs or alcohol to any other employee or to any person while such employee is on duty or on call. (b) While the use • • prescribed medications • drugs is not • se a violation of this policy, failure by the employee to notify his supervisor, before beginning work, when taking medications or • which could foreseeably interfere with the safe and effective performance of duties or operation • City equipment can result in discipline, up to and including termination. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required. (c) Employees will • asked to agree to a fitness -for - duty evaluation, including a drug/alcohol screening test, based upon a reasonable suspicion. "Reasonable suspicionif is a belief based on #• facts and/or observable on -duty behavior sufficient to ,• a reasonable prudent supervisor to •' that an employee is under the influence •' drugs or alcohol so that the employee's .• to perform the functions of the job is impaired • so that the employee's • to perform his job safely is reduced. •' Below is a list of possible indicators that an evaluation may be necessary. 1. accidents involving injury and/or property damage 2. slurred speech Drug -Use -Policy Resolution N Page 4 of 7 3. alcohol ii•: on breath 4. unsteady walking and movement 5. • dispute •:. verbal altercation 7. unusual behavior 8. possession of alcohol or drugs 9. information obtained from a reliable person with personal knowledge that the employee is •. the • of drugs • alcohol ,e) Refusal to agree to submit to an alcohol and/or drug analysis when requested by management personnel shall be grounds for discipline up to and including • Managers and supervisors will receive on-going training in identifying substance abusers and all employees will participate in substance abuse awareness • �g) The drug/alcohol screening (chemical analysis test) • detection of the following drug groups - 1. Amphetamin/.N4ethamphetamine (e.g. Speed, Crystal) 2. Benzodiazepines (e.g. Valium, Librium, Oxazepam, Serax, Dalmane, Ativan) 3. Barbiturates (e.g. Amobarbital, Butabarbital, Pentobarbital, Pentobarbital, Secobarbital) 4. Cocaine 5. LSD 6. Methadone 7. Methaqualone (e.g. Quaalude) 8. Opiates (e.g. Codeine, Heroin, Morphine, Hydromorphone, Hydrocodone) 9. Phencyclidine (PCP) 10. Cannabinoids/MC (Marijuana) 11. Alcohol 12. Propoxyphene - a mild narcotic (darvon) 13. Inhalants (wite-out, hairspray, spray paint, etc.) Drug Use Policy Resolution No. Page 5 of 7 AIEEBVKOI�$ � 1. Any supervisor requesting an employee to submit to a drug/alcohol screening will document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the i influence of drugs. 2. Supervisor shall receive the approval of the appropriate Division Director or City Manager prior to taking the employee for the drug/alcohol screening. 3. Supervisor will meet with employee, explain reasons for requesting the drug/alcohol screening, then transport employee to the designated lab for testing, within two (2) hours or as soon as practicable. 4. Initial tests will be the Immunoassay -First Level Screen (EN" and Thin Layer Chromatography (TLC). All positive test results will be confirmed using the Gas Chramatography/Mass Spectrometry (GQ/MS) test. All testing shall be done in conformance with the procedures set forth in the Drug Free Workplace Act adopted by the Federal Government. 5. If the dru&alcohol screen is positive, the emplo ee must provide - y within 24 hours of request bona fide verification of a valid current prescription for the drug identified in the drug screen. The prescription must be in the employee's name. If the employee does not provide acceptable verification of a valid prescription or if the employee is shown according to the drug/alcohol screen to be taking a greater dose of the drug than allowed by the valid prescription presented by the employee, or if the prescription is not in the employee's name, or if the employee has not previously notified supervisor, the employee will be give the option of entering a rehabilitation treatment program in lieu of disciplinary action which could result in termination. This option will be offered once during employment. If the employee is required to hold a specialized license to perform the duties for his job, then the employee shall be held to a higher standard and subject to stricter disciplinary action, up to and including termination. The employee, upon return to the workplace shall agree to random testing thereafter (not based upon a reasonable suspicion). Subsequent positive test results shall result in disciplinary action, up to and including possible termination. Drug Use -Policy -Resolution -No. Page 6 of 7 Laboratory reports or test results shall not appear in an employee's general personnel folder. Information of this nature will be contained in a separate confidential medical folder that will be securely kept under the control of the Personnel Administrator. The reports or test results may be disclosed to City management on a strictly need -to -know basis and to the tested employee upon request. Disclosures, • patient • may also occur when: 1) the information is compelled by law • by • • administrative m• 2) the information has been placed at issue in a formal 'dispute between the employer and employee: 3) the information is to be used in administering an employee benefit plan; 4) the information is needed by medical personnel for the diagnosis of treatment of the patient who is unable to authorize disclosure. Drug Use Policy Resolution No. Page 7 of 7